People v. Simone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
During the plea proceedings at bar, the defendant answered affirmatively to the court’s inquiry as to whether he had *695"ingested enough [alcohol] so that it totally blotted [his] memory or a great deal of [his] memory as to what happened”. Additionally, he stated, again in response to the court, that he understood that "voluntarily taking drugs and that affecting [his] ability to think and so on is no defense to criminal action”. There was no inquiry as to whether the defendant was knowingly waiving the possible defense of intoxication (see, Penal Law § 15.25). This was error. "It is well…
2Cases cited6 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. SerranoNew York Court of Appeals · 1965
- People v. QuilesAppellate Division of the Supreme Court of the State of New York · 1979
- People v. BramanAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ZethAppellate Division of the Supreme Court of the State of New York · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. CostanzaAppellate Division of the Supreme Court of the State of New York · 1997
- In re Justin ZZ.Appellate Division of the Supreme Court of the State of New York · 1995
- People v. FarnhamAppellate Division of the Supreme Court of the State of New York · 1998
- People v. EveryAppellate Division of the Supreme Court of the State of New York · 2000
- People v. MosherAppellate Division of the Supreme Court of the State of New York · 1995
5 more not listed; retrieve them via the Exa API.